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Indiana Affidavit of Defendant Supporting Motion for Summary Judgment

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US-00922BG
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Generally, a motion for summary judgment is accompanied by one or more affidavits executed by the moving party or by others having knowledge of the facts. The affidavit or declaration should recite all the material facts and show that the affiant would be competent to testify to the facts stated in the affidavit.


This form is a generic example of an affidavit of the defendant in support of his motion for summary judgment.

An Indiana Affidavit of Defendant Supporting Motion for Summary Judgment is a legal document filed by the defendant in a lawsuit to support their request for a summary judgment. This affidavit contains relevant factual information and evidence that demonstrates there are no genuine issues of material fact in the case, and the defendant is entitled to judgment as a matter of law. By filing this affidavit, the defendant aims to persuade the court to grant summary judgment in their favor without the need for a trial. Keywords: — Indiana Affidavit of Defendant Supporting Motion for Summary Judgment — Legadocumenten— - Defendant - Summary judgment — Lawsui— - Factual information - Evidence — Genuine issues of materiaFACac— - Judgment as a matter of law — Co—rt - Trial Different Types of Indiana Affidavit of Defendant Supporting Motion for Summary Judgment: 1. Standard Affidavit of Defendant Supporting Motion for Summary Judgment: This is the most common type of affidavit used by defendants to support their motion for summary judgment in Indiana. It typically includes a detailed statement of facts, references to relevant evidence, and legal arguments demonstrating that no genuine issues of material fact exist and the defendant is entitled to judgment as a matter of law. The supporting evidence may consist of documents, witness affidavits, expert opinions, or any other facts necessary to strengthen the defendant's argument. 2. Affidavit of Defendant Supporting Motion for Summary Judgment with Expert Witness Testimony: In some cases, the defendant may include expert witness testimony in their affidavit to strengthen their motion for summary judgment. Expert opinions can provide authoritative and specialized knowledge that supports the defendant's argument that no genuine issues of material fact exist and judgment should be rendered in their favor. 3. Affidavit of Defendant Supporting Motion for Summary Judgment with Documentary Evidence: In situations where documentary evidence plays a critical role in establishing undisputed facts, the defendant may file an affidavit supported by various documents. This can include contracts, agreements, invoices, records, photographs, emails, or any other relevant evidence that conclusively demonstrates the absence of genuine issues of material fact. 4. Affidavit of Defendant Supporting Motion for Summary Judgment in Personal Injury Cases: In personal injury cases, the defendant may submit a specific affidavit supporting their motion for summary judgment. This affidavit typically focuses on the absence of negligence, lack of causation, or other factors that may establish the defendant's lack of liability in the alleged injury or accident. 5. Joint Affidavit of Defendants Supporting Motion for Summary Judgment: If there are multiple defendants in a case who share a common defense, they may file a joint affidavit. This affidavit will collectively set forth their position, asserting that no genuine issues of material fact exist and summary judgment should be granted in favor of all defendants involved. These various types of Indiana Affidavit of Defendant Supporting Motion for Summary Judgment provide defendants with a way to present their arguments and evidence to demonstrate their entitlement to a summary judgment in different legal situations.

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Notice of a summary judgment motion, as well as the papers in support of the motion, must be filed with the court and served on all parties at least 75 calendar days before the scheduled hearing date of the motion. All papers opposing a motion must be served and filed not less than 14 days before the hearing date.

While both are pre-trial devices, summary adjudication differs from summary judgment in that the latter disposes of the entire case, whereas summary adjudication resolves selected issues, leaving the remaining ones to be settled at trial.

(A) If an arrestee does not present a substantial risk of flight or danger to themselves or others, the court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court except when: (1) The arrestee is charged with murder or treason.

While both are pre-trial devices, summary adjudication differs from summary judgment in that the latter disposes of the entire case, whereas summary adjudication resolves selected issues, leaving the remaining ones to be settled at trial.

A motion for judgment on the pleadings will occur before the trial and, unlike a motion for summary judgment, does not concern any matters other than what is contained within the pleadings.

A motion or request for judgment on the evidence shall state the reasons therefor, but it need not be accompanied by a peremptory instruction or prayer for particular relief.

Motions for summary judgment (?MSJ?) and motions for summary adjudication (?MSA?) are intended to dispose of either an entire case (summary judgment), or selected causes of action, issues, affirmative defenses, claims for damages, or an issue of duty (summary adjudication).

When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial.

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Denial of summary judgment may be challenged by a motion to correct errors after a final judgment or order is entered. (F) When affidavits are unavailable. by JP Mitchell · 1968 — The court set out the last two sentences of the Indiana summary judgment statute, section (e) : When a motion for summary judgment is made and supported as ...This motion is based on the evidence presented in the affidavits and documents attached to or referenced in the motion for summary judgment or based on the ... You must file and serve a copy of your response to the motion for summary judgment ... Any pleading, motion, brief, affidavit, notice, or proposed order filed ... An attorney filing a motion to withdraw from representation shall certify the last known address and telephone number of the party, subject to the ... Jan 31, 2017 — Brief and Designation of Evidence in Support of Motion for Summary Judgment. 2. On or about September 6, 2016, Plaintiff filed a Motion for ... Sep 30, 2020 — Per our Local. Rule 56-1(d), "A party opposing a summary judgment motion may file a surreply brief ... Defendants' Motion for Summary Judgment [ ... Defendants renewed their summary judgment motion, after which plaintiffs again designated the now-deceased doctor's affidavit in opposition to the motion. This. Sep 20, 2023 — Under the local rules, a party seeking summary judgment must file a supporting brief with ... a ruling on the summary judgment motion, Plaintiffs. Sep 30, 2014 — The affidavit merely states that the Spierers “reasonably require discovery, including Interrogatories, Requests for Production of. Documents ...

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Indiana Affidavit of Defendant Supporting Motion for Summary Judgment